H1-B approved and job ended before October 1st

[shr215]

I am currently in OPT. My first H1 got approved under 2020 CAP, but my job is ending before October 1st. If I join another employer, can I use the same approved H1? Will I be exempted from CAP in future?even though my H1B never started with the employer that originally filed H1B. 

My OPT is valid until March 2021, will my OPT be still valid if my H1 is not going to be effective from October 1st.
I appreciate any suggestions how to move forward with my situation.

[applicant123456789]

I'm in the exact same situation. From what i know and what i heard from attorney's, if you are not employed at the company that filed for your H1-B petition on Oct 1 then you cannot transfer H1-B. You can however ask your employer to withdraw your petition before Oct 1 2019 and get in touch with your school DSO to make sure your status does not change to H1-B on Oct 1(if your H1-B was approved with Change of Status and not Consular Processing). This way you can maintain your F1 status and work using OPT. 

Look at the last two sections here:
https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations?fbclid=IwAR0a8iXCwCiNXkaHiX9_pKWUxKsROpnWRUbMR1r1gqBv7V3KxrFKOKpMFmg

Also Look at the heading "Option 1: Data Fix in USCIS Database" here:
https://www.murthy.com/2012/09/28/transition-concerns-from-f-1-to-h1b/

Edited August 30, 2019 by applicant123456789
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[JoeF]

On 8/30/2019 at 2:06 PM, applicant123456789 said:

I'm in the exact same situation. From what i know and what i heard from attorney's, if you are not employed at the company that filed for your H1-B petition on Oct 1 then you cannot transfer H1-B. You can however ask your employer to withdraw your petition before Oct 1 2019 and get in touch with your school DSO to make sure your status does not change to H1-B on Oct 1(if your H1-B was approved with Change of Status and not Consular Processing). This way you can maintain your F1 status and work using OPT.

Yup. That's the only way to be able to continue on OPT. As the lawyers said, an H1 transfer is not possible in this case. Find a better employer for next year's quota.